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GAO Protest Record Estopped Protester's Challenge


A post-award protester waived its right to challenge the awardee's compliance with a solicitation term, according to the Court of Federal Claims, because the protester failed to request clarification on the term before final bids were submitted and implicitly endorsed the government's interpretation during a protest before the Government Accountability Office. The request for proposals for managed health care support services included a technical approach subfactor for referral management and permitted technical proposals to include "enhancements" that exceeded the government's minimum requirements. The protester contended the awardee proposed a referral management procedure that differed from the procedure set forth in an operations manual.

Waiver and Estoppel


However, in its filings during a GAO protest brought by the awardee ( 24 CGEN 112,959), the protester described the government's analysis as "straightforward and reasonable." And when preparing its final proposal revisions pursuant to post-protest RFP amendments, the protester did not object to the government's interpretation of the referral management subfactor as allowing the awardee's follow-up procedure. The protester not only waived its right to object to the government's interpretation by failing to do so before the close of bidding, it also was estopped from disagreeing with the government's evaluation because it previously endorsed the evaluation. In addition, the operations manual provision was not mandatory, and the awardee's proposed referral procedure was properly characterized as an enhancement of the RFP's minimum requirements. ( United Health Military Veterans Services, LLC v. U.S., et al., FedCl, 55 CCF 79,684)
















































































































































 






 

 

(The news featured above is a selection from the news covered in the Government Contracts Report Letter, which is published weekly and distributed to subscribers of the Government Contracts Reporter. )

     
  
 

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